IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.4934 2016 (GM-DRT) BETWEEN:
1. SANTHOSH KUMAR.M.K. S/O SRI KRISHNEGOWDA AGED ABOUT 36 YEARS 2. SMT.YAMINI RAVINDRAN AGED ABOUT 35 YEARS W/O SANTHOSH KUMAR.M.K.
BOTH PETITIONERS ARE RESIDING AT NO.655, 14TH CROSS, 30TH MAIN, J.P.NAGAR, I PHASE, NEAR BY AXIS BANK ATM BENGALURU-560078. ...PETITIONERS (By Sri HARISH BHANDARY, ADVOCATE FOR FRI GIRIDHAR.H., ADVOCATE) AND:
1. THE FEDERAL BANK LTD REGISTERED OFFICE AT FEDERAL TOWERS, P.B.NO.103, ALUVA, KERALA-683101 REP.BY CHIEF MANAGER AT ITS BRANCH, INDIRA NAGAR, BENGALURU-560038.
2. DR.MADHUKAR H.S.
S/O SRI H.N.SUBRAMANYA AGED ABOUT 40 YEARS R/AT NO.156, 8:S9, BHAGAVATHI LAYOUT, HULIMAVU, BANNERGHATTA ROAD, BENGALURU-560 076 3. M/S.ARJUN BUILDERS & DEVELOPERS REP.BY ITS PROPRIETOR SRI V.KRISHNAMRJAU AGED ABOUT 55 YEARS R/ATNO.45, 5TH TEMPLE ROAD, 13TH CROSS, MALLESWARAM, BENGALURU-560003. ...RESPONDENTS (By Sri VIJAYAKUMAR.V., ADVOCATE FOR R1;
R3 – SERVED; Notice to R2 is dispensed with vide order dated 13.11.2017) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-E DATED 13.11.2015 MADE BY THE LEARNED PRESIDING OFFICER DEBT RECOVERY TRIBUNAL BENGALURU REFUSING PERMISSION TO PETITONERS TO CAUSE CROSS EXAMINATION OF AW-1 IN O.A.NO.351/2011 AND DIRECTING THE LEARNED PRESIDING OFFICER OF THE DEBTS RECOVERY TRIBUNAL BENGALURU TO GRANT PERMISSION TO THE PETITONERS TO CAUSE CROSS EXAMINATION OF AW-1 IN O.A.NO.351/2011.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Harish Bhandary, learned counsel for Sri Giridhar.H., learned counsel for the petitioners.
Sri Vijaykumar.V., learned counsel for Respondent No.1.
Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner interalia has assailed the validity of the order dated 13.11.2015 passed by the Debt Recovery Tribunal, Bengaluru, by which, application filed by the petitioners seeking cross-examination of Applicant Witness No.1 in O.A.No.351 of 2011 has been rejected.
3. I have heard the learned counsel for the parties at length and perused the records.
4. On perusal of the order dated 13.11.2015, it is evident that no cogent reasons have been assigned by the Debt Recovery Tribunal for rejecting the application. It is also pointed out by the learned counsel for the respondent that the application seeking cross-examination of Applicant Witness No.1 was made when the proceedings before the Debt Recovery Tribunal were fixed at the stage of final arguments. However, the aforesaid fact also does not find mention in the impugned order. The impugned order was passed in a cryptic and in cavalier manner which suffers from non-application of mind.
5. Therefore, the order dated 13.11.2015 passed by the Presiding Officer, Debt Recovery Tribunal, Bengaluru as at Annexure – ‘E’ is quashed and set aside. The matter is remitted to Debt Recovery Tribunal to decide the application preferred by the petitioner seeking cross-examination of Applicant Witness No.1 by a speaking order within a period of two weeks from the date of the receipt of certified copy of the order passed today.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dh